22
INNER TEMPLE WHO LIVES, WHO DIES, WHO DECIDES…?
Legal Defense Fund in New York on a four month placement
funded by a Pegasus Scholarship from Inner Temple. The work
was extraordinary. It was probably one of the most intense
experiences I have had at the Bar. I worked on a small number
of death penalty cases, mainly doing detailed legal research
in the vast landscape of US case law – with federal and state
court precedents at three levels. Even in the small sample I
had, there was a striking pattern of black inmates, all white
(or nearly so) juries, allegations of racial bias in jury selection,
mental health issues, and ineffective assistance of counsel.
However, Reams’ case stood out as I was asked to go
down to Pine Bluff at short notice and assist the private
investigator hired on Reams’ behalf to interview potential
witnesses, including a ballistics expert, for the purposes of
his appeal. We worked solidly for 12 hours a day tracking
down family members, his previous junior counsel who had
been given Reams’ case fresh from law school, a ballistics
expert and others, culminating in a visit to speak with Reams
in person at the Varner Unit where he was then incarcerated.
We visited some of the most rural and poorest parts of Pine
Bluff surrounds.
Varner was a behemoth of a prison (called somewhat
inaccurately correctional facilities) and part of America’s
mega-prison complex. These are places where many prisoners
First American Execution
another occasion I sent a book via Amazon that was not
permitted: nothing to do with the content which related to
culture and diversity, rather that it was considered too large.
The world moved on: Reams’ appeal did not. It was beset
by problems including a lost file which was never recovered,
and four judges who were lined up to hear his appeal
who had to be recused. The delay even to this day appears
incomprehensible although the appeal is now scheduled to be
heard later this year, shortly before the UK exhibition opens.
“I began to send him art materials. Sometimes he was allowed them, sometimes and often for no apparently good reason they were simply returned to the supplier in Washington DC by the prison officials.”
will never see the light of a free day again. The outside space
was in direct contrast to Reams’ cell. A vast open prairie-like
space surrounded the facility, a reflection of the dry shrub
land of the countryside with literally acres of vast nothingness
all around. The buildings looked clean and modern and the
prison officials were polite and efficient. But inside was dark,
unassisted by grey walls. The visitor area was bleak with little
more than a vending machine to purchase, amongst other
items, a lurid looking wrapped pastry, the only food I was
permitted to hand over to Reams. I spent an entire hour with
Reams speaking to him through a thick glass wall. He had all
sorts of questions for me quite aside from his case. Who was
I? Where did I come from? What was the UK like? He showed
an awareness and interest in the wider world that seemed at
odds with his early years.
That was 2000. In September that year I returned to
the UK and to the Bar. But contact with Reams continued.
He would write simple but beautifully scripted handwritten
letters to my chambers. Very occasionally he would call. If I
was there I took the call; if not I could not call him back. The
telephone calls were in one direction only and were then, and
still are, the most expensive calls to make in the US, such is
the monopoly of the telephone company in prisons. Reams
would sometimes send pencil drawings. He never asked but
I would send him books. As is not uncommon for prison
inmates, he turned to religion. He also met a French artist,
Isabelle Watson, via an organisation which found pen pals
for death row inmates. They started corresponding and later
became engaged. In 2012, with the knowledge that he had
acquired about the death penalty and criminal justice viewed
through the prism of his own complex appeal, he started
creating art sculptures, paintings and drawings. He hopes his
work will make people think about capital punishment and
solitary confinement.
I began to send him art materials. Sometimes he was
allowed them, sometimes and often for no apparently
good reason they were simply returned to the supplier in
Washington DC by the prison officials. Reams would later
report back that the size or specification was wrong. On
Kenny then met a pastor who was pro-abolition of the
death penalty, David Rickard. With Rickard’s assistance, the
idea of the exhibition developed into a reality. Reams also set
up a charity Who Decides, Inc., which aims to educate the
public about the practice and history of death row in the US
through the medium of art. Its ultimate goal is to establish
a national museum dedicated to the history of capital
punishment in the US.
In the summer of 2014, I was working at home in
Devon. It was a bright sunny day. Reams was on the line
telling me that he had an exhibition of his and Watson’s
art opening in Little Rock in the autumn that year. It was
an extraordinary achievement. We spoke and I thought we
should bring this exhibition to the UK. A sponsor and two
excellent venues were found and, with the assistance of
Amicus, all arrangements made. Reams inevitably will not be
at his opening but a podcast with a message from him will
be played at the openings and throughout the duration of
the exhibitions.
Samantha Knights
Who Lives, Who Dies, Who Decides? will run at the Bridport Arts Centre,
Dorset from 22 October to 26 November 2016 and at the Temple
Church, London from 30 November 2016 until 22 February 2017.
Amicus, a UK-based fair trials charity established in 1992, trains and sends
lawyers to work directly in US capital defence offices; cases like Reams’ are
unfortunately not unique. Amicus runs capital casework projects that are
supported by UK-based lawyers. This year, Art for Amicus was launched. This
series of art-based events and exhibitions aims to illustrate the importance of art
to those in confinement, as well as to highlight the obstacles to justice in the
capital system. On 29 November 2016, Who Lives, Who Dies, Who Decides will
open with a charity auction and champagne reception in the splendid setting of
the Temple Church, London. Visit www.amicus-alj.org or email [email protected] to find out more about Amicus’ work and events, to buy tickets for the
Temple Church opening, and for sponsorship packages.